6.  The applicants were born in 1945 and 1948 respectively and live in Katerini, Greece.
7.  Ms Polikseni Foka was a Greek national who was born in 1943. In 1954 she was adopted by Mr Apostolos Pistikas and his wife Mrs Elisavet Pistika, who were both Turkish nationals of Greek origin. The adoption was made in accordance with the decisions of both the Greek and Turkish courts.
8.  Following the death of Mr Apostolos Pistikas on 24 November 1981, all his property was inherited by his wife Mrs Elisavet Pistika. Upon the death of the latter on 6 March 1987, Polikseni Pistika (Foka) was the sole heir to the property. The relevant property consisted of both immovable and movable property. In particular, it comprised three buildings in Istanbul and income from rent, deposits and valuable documents/deeds.
9.  On 3 July 1987 the Istanbul 3rd Civil Court (Asliye Hukuk) decided that the total of the above-mentioned immovable and movable property of Mrs Elisavet Pistika would be transferred by way of inheritance to Ms Polikseni Pistika (Foka).
10.  On 15 July 1991 Ms Polikseni Pistika (Foka) was transported by the police to a hospital for treatment. She was admitted to the psychiatric department of the Balıklı Rum (Greek) hospital in Zeytinburnu, Istanbul, because she was not capable of taking care of her personal affairs. The authorities thus appointed a guardian for Ms Polikseni Pistika despite the first applicant’s efforts to appoint a guardian of his choice.
11.  On 31 July 1996 the Turkish authorities filed an application for the annulment of the decision by which Ms Polikseni Pistika (Foka) had inherited the above-mentioned property. This was due to, inter alia, Legislative Decree no. 1062 and Decisions no. 6/3706 of 25 September 1964 and no. 6/3801 of 2 November 1964, according to which a natural person holding Greek nationality has no right to inherit in Turkey and, also, because the Greek Government applied similar provisions to persons of Turkish origin living in Greece.
12.  On 27 November 1997 the Istanbul 7th Civil Court annulled the decision on inheritance (decision no. 1197/1261), although Ms Polikseni Pistika had already paid the inheritance tax which was due to the State. The Court of Cassation upheld this judgment by a decision of 2 February 1998. On 12 October 1998 the latter court also dismissed the request for rectification of its decision. As a result, the immovable property was transferred to the Treasury and Ms Polikseni Pistika (Foka) was deprived of all her income and accounts and thus remained without resources in the psychiatric department of the Balıklı Rum hospital.
13.  In the meantime, Ms Polikseni Pistika’s legal guardian had commenced two legal challenges against the above decision. In this connection on 10 March 1999 the legal guardian filed an action in the 7th Chamber of the Istanbul Magistrate’s Court for the re-opening of the proceedings. His request was dismissed on 27 May 1999. The appeal proceedings against this decision came to an end as a result of the death of Ms Polikseni Pistika. A further action in the 4th Chamber of the Ankara Administrative Court was also terminated for the same reason. It is to be noted that the applicants did not submit any document pertaining to the legal proceedings before the Ankara Administrative Court.
14.  On 24 April 2000 Ms Polikseni Pistika died in Istanbul whilst she was under guardianship and confined in an institution due to psychiatric illness.
15.  On 26 September 2000 the applicants, who are the sole heirs to the property of their sister, filed a petition with the Beyoğlu Magistrates’ Court for the issuance of a certificate of inheritance.
16.  On 19 April 2001 the Beyoğlu Magistrates’ Court dismissed the applicants’ request to inherit their sister’s immovable property, but accepted it in respect of the movable property. In its decision, the court took into account the Ministry of Justice’s opinion concerning the practice of the Greek authorities in respect of the inheritance rights of the Turkish minority in Greece, which stated:
“...The Turkish nationals who are not of Greek origin are entitled to acquire property only by permission and within the limits of the law which regulates 55% of the total Greek territory. In practice, the condition of “permission” functions as a mechanism aimed at preventing the Turkish nationals to acquire property. In other areas, which are not covered by the said law, the Turkish nationals of non-Greek origin and the Greek nationals of Turkish origin are prevented by various means from acquiring immovable property either by purchasing or inheriting. These people are compelled to sell their immovable property. Yet the Turkish nationals of Greek origin are able to acquire immovable property in the areas covered by that law on the condition that they obtain the requisite permission. While there is information on the subject, it is not based on concrete evidence and therefore its assessment should be made by the courts...”
In view of this opinion, the court held that the applicants were not entitled to the right of inheritance for immovable property in Turkey on account of their nationality and in view of the principle of reciprocity between Greece and Turkey. The applicants appealed against this judgment.
17.  On 14 September 2001 the Court of Cassation rejected the appeal. By a decision of 20 November 2001 it also dismissed the applicants’ request for rectification of its decision.